Terms and conditions / Agreement
The sale of our goods and use of our website is subject to the following terms and conditions:
1. Registration and use of the website
Only registered users may order goods on our website.
To register as a user, you must provide us with a unique username and password as well as certain personal information. The unique username and password will enable you to access our website in order to order goods. If you fail to enter a correct username and password you will be denied access to the website.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of an order that you would have made, save where the order is cancelled by you in accordance with these Terms and Conditions.
By using our website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
You agree that you will not unlawfully interfere with and or disrupt the proper functioning of the website in any manner whatsoever.
You agree not to use the website to distribute material which is defamatory, offensive and unlawful.
By using the website and by clicking on the “Register Now” button on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2. Conclusion of sales and availability of stock
Registered users may place orders for goods, which we may accept or reject. Whether or not we accept an order depends on the availability of goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment or payment authorisation for the goods.
The agreement of sale will come into effect upon delivery and or collection of goods.
Prior to delivery or your collection of the goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the goods, you may return the goods only in accordance with our Returns Policy and or the CPA.
Placing goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such goods, and as such, goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold us liable if such goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. When goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods.
3. Warranty
Flora & Décor represents and warrants to you that it is a legitimate and properly licensed business enterprise, registered in accordance with the company laws of the Republic of South Africa
Flora & Décor represents and warrants to you that all the goods to be supplied are of good quality.
Flora & Décor represents and warrants to you that all the goods supplied on the website are not counterfeit goods as defined in the Counterfeit Goods Act 37 of 1997.
4. Indemnity
Subject to the limitations contained herein, Flora & Décor agrees to indemnify and hold you harmless, and you agree to indemnify and hold harmless Flora & Décor respectively, from any liabilities, penalties, demands or claims finally awarded (including the costs, expenses and reasonable attorney’s fees on account thereof) that may be made by any third party for injuries, including death, to persons or damage to property resulting from the indemnifying party’s gross negligence or wilful acts or omissions or those of persons furnished by the indemnifying party, its agents or subcontractors or resulting from use of the website.
5. Limitation of liability
You agree that, in the event of a breach of the provisions of these Terms and Conditions the defaulting party shall be liable to the other Party for all losses which constitute direct and general damages.
You also agree that in the event of a breach of the provisions of these Terms and Conditions, the defaulting party shall not be liable to the other party for any losses that constitute indirect, special and consequential damages.
6. Force Majeure
In the event that performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, pandemics, acts of the government in its sovereign capacity, industrial action, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased; provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.
While any such prevention or delay continues, the Parties shall continue to comply with their obligations under this Agreement which are not affected by it, to the extent that they are able lawfully to do so, subject to the right of the other Party not prevented from continuing with all its obligations under this Agreement to cancel this Agreement by giving written notice of such termination to the other Party.
7. Dispute Resolution
In the event of a dispute arising between the Parties out of or in relation to or in connection with this Agreement, or the interpretation thereof, the Parties agree to negotiate in good faith with a view to reaching an amicable solution.
In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to refer such dispute to arbitration and that such dispute shall be resolved in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa (AFSA), by an arbitrator appointed by the Foundation.
The Parties irrevocably agree that the decision in arbitration proceedings shall be final and binding.
Notwithstanding the above, nothing precludes you from resorting to other dispute resolution mechanism provided in Chapter 3 of the CPA.
8. Governing law and jurisdiction
Any dispute arising from or in connection with these Terms and Conditions shall be governed by the laws of the Republic of South Africa.
9. Notices and Domicilia
Flora & Décor hereby selects 170 Bellairs Drive, Northriding, Johannesburg, South Africa as its address for the service of all formal notices and legal processes. You hereby select the delivery address specified with your order as your legal address.
